Riparazione del danno o giustizia riparativa? L'attenuante ex art. 62, comma 1, n. 6, C.P., fra tradizioni eticizzanti e nouvelle vague della 'Riforma Cartabia'
Manca, Giovanni
2022-01-01
Abstract
For a long time jurisprudence has borrow concepts of Restorative Justice to supplement contra reum the provisions that assigned favorable penal effects to the full reparation of the damage caused by the crime, going so far as to deny its effectiveness if not accompanied by signs of repentance or amendment, not required by the rules and difficult to diagnose by the judge. The recent introduction of Restorative Justice by the ‘Cartabia Reform’ (Legislative Decree 10 October 2022, n. 150), however, destroys and de-legitimizes this jurisprudential model, because it confirms de jure condito the radical structural diversity, which already it was emphasized in the doctrine, between reparation for damage from crime and Restorative Justice, and shows how the latter does not even belong to the competences and cultural training of the judge, who therefore cannot use the argumentative models to address the completely different theme of criminal effects of post delictum monetary reparation.File | Size | Format | |
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